TOWN OF MASHPEE
BOARD OF HEALTH – PUBLIC MEETING
Minutes of the Meeting of Thursday, February 16, 2006
Board Members Present: Board Members Absent: Also Present:
Glenn Santos Steven Ball Glen Harrington, Health Agent
Lucy Burton Veronica Warden, Asst. Health Agent
Chairman Glenn Santos called the meeting to order at 7:00 PM.
APPOINTMENTS
Gold’s Gym – Tanning - “Show Cause Hearing”
Veronica Warden reported that Jim Moses from Gold’s Gym had called this morning to say he would be unable to attend tonight’s meeting. Mr. Moses stated that he had taken care of correcting all the reported violations. Veronica Warden conducted an inspection during the afternoon after the phone conversation with Mr. Moses, and found that 4 of the 6 violations cited on the inspection report dated 1/16/06 had been corrected. However, there were no sanitizing solutions available in the booths for cleaning the tanning beds after use. It is left up to the patrons to clean the beds after their use. The cleaning solution available at the check-in desk is an all-purpose green cleaner, not a sanitizing solution. Paper towels were being used to wipe off the tanning beds with the solution. The
facility is not training its attendants, and is not coaching new clients in the proper use of the tanning salon.
Veronica Warden stated that the Gold’s Gym opened in September, 2004 and had applied for a permit, but did not renew their permit in September, 2005. They reapplied on February 14, 2006, the day Veronica Warden conducted an inspection and found they had no current permit.
Glenn Santos made a motion that the tanning booths at Gold’s Gym be closed until after a Show Cause Hearing is conducted at the next meeting of the Board of Health on Thursday, 3/02/06. The tanning booths will not be reopened until Gold’s Gym presents to the BOH a written internal policy of (1), how they plan to conduct an ongoing training program for their attendants and coaching of clients in the proper use of the tanning equipment and (2), their plans for instituting the proper sanitizing of the tanning beds. Lucy Burton seconded the motion. All approved.
Mashpee Country Store – Appeal of Tobacco Compliance Fine.
Mohammud Arafik from the Country Store introduced himself to the Board.
Glen Harrington reported that the Country Store had been observed during an inspection by the Massachusetts Tobacco Control of selling tobacco to a minor. This was the second violation by the Country Store, the first violation having occurred in June 2005 when it was observed that cigars were on the counter within easy reach of customers. Since this was the second violation the Country Store had been fined $200.
Mr. Arafik stated that with regard to the first violation, the box on the counter with the cigars was locked with no access to the general public. Although Mr. Arafik did not feel the fine justifiable at the time, he went ahead and paid the fine. Because he sees the first violation as not really justifiable, Mr. Arafik now was requesting that this new violation be considered his first violation, not the second, and was appealing an amendment to the second $200 fine.
Glen Harrington confirmed that Mr. Arafik’s $200 check to cover the second fine had been received by the BOH, but that it had not yet been cashed. Glen noted that the BOH could amend the fine if they chose, since the regulation states the second violation fine can be up to $200. After discussion of the issue, the Board agreed that Mr. Arafik should have appealed the first violation fine of $100 in June 2005, not a year later. The Board also agreed that the requirement for ID from all tobacco purchasers, regardless of how old they appear to be, must be adhered to by the Country Store despite the possible nuisance factor to their customers.
Glenn Santos made a motion to deny the appeal by The Country Store to amend the $200 fine for the second violation of the Tobacco Compliance Regulation. Lucy Burton seconded the motion. All approved.
Taylor’s Family Restaurant – Scott Taylor
Scott Taylor introduced himself to the Board. Glen Harrington reported that at a previous meeting, the BOH had denied the application from Scott Taylor for a food establishment permit at that time, but had set the following conditions upon what had to be done in order to issue a permit. The conditions were: issuance of a Certificate of Compliance for the denite system, a Serv Safe Certification, submission of a copy of the menu, and a copy of the floor plans to be submitted two weeks prior to the opening of the restaurant. All of these requirements have been met, except for the certificate of compliance for the denite system. Glen Harrington stated that the denite retrofit tank has been installed, and they are waiting for the electrician to complete his work before final inspection of the denite
system by Tuesday, Feb. 21st. After successful completion of the septic system inspection, the last remaining item would be the final inspection of the restaurant by the BOH. Mr. Taylor stated that they hope to be open for business in early March 2006. He plans to do a temporary fix on the parking lot and the driveway until spring, when they will be able to install an asphalt surface on these areas.
Scott Taylor plans to call the Board of Health to do another inspection of the premises next week.
Denise Benjamin – Appeal of Housing Order Letter – 98 Santuit Pond Road
Denise Benjamin introduced herself to the Board.
Glen Harrington stated that on 1/10/06 he conducted an inspection of the property at 98 Santuit Pond Road, in response to a complaint by the tenant residing at the residence. A letter dated 1/27/06 from the BOH to Denise Benjamin listed 7 violations of the State Sanitary Code, Chapter II “Minimum Standards of Fitness for Human Habitation”. The letter ordered Ms. Benjamin to hire a Certified Industrial Hygienist within 7 days of receipt of the BOH 1/27/06 letter, to investigate post remedial health and safety conditions, and comment on moisture content in all building materials in the kitchen and 2nd floor bathroom areas, perform post-indoor air quality monitoring and document that a level of no significant risk exists. The investigation was to be completed within 30 days of the BOH 1/27/06 order
letter.
The 1/27/06 order letter further stated that the remaining violations were to be corrected within 5 days of receipt of the letter, or a contractor would be hired within 7 days of receipt of the letter, to complete the repairs within 30 days.
Ms. Benjamin stated that the loose bricks in the front steps, and the damaged plaster around the southern window on the second floor bedroom would be repaired this weekend. She requested an extension on the repair of the 105 410.500 - bay greenhouse window violation, as they will need to open up the house to the weather. She further stated that the gutters and replacement of the rotted trim and corner boards throughout the exterior of the building would require additional time beyond the time stipulated in the BOH order letter. Ms. Benjamin reported that an air quality test did indicate detection of mold in the house. She stated that the contractor she has contacted has reported having problems getting access to the property to get a bid on the necessary work. The tenant requested postponement on the repairs
until after the holidays. The tenant also has stipulated that contractor visits are to be limited to after 3 PM, which has made it difficult for contractors to gain access in order to submit bids. Glen Harrington stated that he will facilitate access to the property for the contractors. Glen stated that if Denise notifies the BOH when the contractor is scheduled to be at the property, he will accompany the contractor and assure entry. Glen Harrington added that the chimney appears to be separating away from the house, and wants the Fire Department and the Building Department to conduct an inspection. Both departments have been notified of this request.
OLD BUSINESS - No old business.
NEW BUSINESS
1. Sign warrants. Board members signed the warrants.
2. Approve Minutes. Minutes from the meeting held on 1/19/06 were corrected as follows: page 4, under DISCUSSION, 1, paragraph 2, correct Veonica spelling to Veronica.
Glenn Santos moved that the minutes from the BOH meeting held on 1/19/06 be approved as corrected. Lucy Burton seconded the motion. All approved.
Minutes from the meeting held on 2/02/06 were continued to the next BOH meeting when all Board members are present.
3. Mutual Aid Town Meeting Article
Glen Harrington reported that on 2/06/06 the Mutual Aid Town Meeting Article was forwarded from the BOH office to Joyce Mason for consideration at the May 2006 Town meeting. The article is presented to authorize the BOH to enter into inter-municipal agreements with surrounding towns. The requirement for the request stems from a Dept. of Public Health directive to have all Boards of Health in each town maintain mutual aid agreements, is one of the criteria for eligibility of financial aid, and is included in the FY2006 Deliverables for Local Health Emergency Preparedness and Response Coalitions for Region 5. The agreement was prepared by the MDPH Emergency Preparedness staff including Atty Priscilla Fox, the Advanced Practice Center with the Cambridge Public Health Dept., and Attys Michael Ciota and James Lampke. Glen
Harrington has encouraged Mashpee town counsel to review and comment on the agreement, as well.
The article on Town Meeting Warrant reads: “To see if the Town of Mashpee will, in accordance with G.L.c.40, section 4A, authorize the Mashpee Board of Health to enter into an inter-municipal agreement with one or more other governmental units to provide public health services which the Board of Health is authorized to perform, in accordance with an Inter-Municipal Mutual Aid Agreement to be entered into between the Town and various governmental units, or take any other action relative thereto.”
Lucy Burton moved that the Board of Health approve submission of the above-stated Town meeting article to the Board of Selectmen for their approval for presentation and consideration at the May 2006 Town Meeting. Glenn Santos seconded the motion. All approved.
4. Preliminary Subdivision Plan Review – Robert J. Taylor, 213 Great Neck Road North
Glen Harrington stated that Robert J. Taylor had submitted an application for approval of a preliminary plan for a subdivision of the property located at 213 Great Neck Road North. The Planning Board authorized approval of the preliminary subdivision plan application in January, 2006. Glen Harrington stated that a detailed plan of the subsurface drainage will be required before final approval.
Glenn Santos moved that the Board of Health approve the preliminary subdivision plan as submitted, pending receipt of a detailed plan of subsurface drainage at the property. Lucy Burton seconded the motion. All approved.
5. Pizza Prima Restaurant – 22 Falmouth Rd. (Rt. 28) in Mashpee
Glenn Santos made a motion to add discussion of Pizza Prima to the meeting agenda. Lucy Burton seconded the motion. All approved.
Glen Harrington reported that an initial inspection of Pizza Prima had been made on 2/06/06 by Veronica Warden, and had discovered quite a few violations. Glen Harrington and Veronica Warden agreed to give the restaurant two weeks, until 2/15/06, to do extensive repairs and to correct the other numerous violations. Glen and Veronica returned to Pizza Prima on the 15th of February to inspect again, and found 16 violations in addition to the original 9. The majority of the violations are mostly facility-based, not cleaning issues, although the restaurant was not as clean as it could have been. Lucy Burton accompanied Glen and Veronica on the 2/15/06 inspection tour. Lucy stated that in a discussion with the owner, certain violations were designated that should be taken care of immediately. The
owner would be given 60 days to correct the other more difficult problems which would require hiring a contractor to do the necessary work. It was agreed that Veronica Warden would return on 2/21/06 to reinspect the premises. If by that date the violations were not remedied (with the exception of the shed in the back which needed a new roof and flooring, and disposal of an old freezer), the restaurant would be closed. It was also recommended to the owner that he set up a regular training schedule for his staff.
Glenn Santos made a motion to shut down the restaurant if all violations are not taken care of by 2/21/06, excluding the repair of the shed. In addition, the owner is to come before the next BOH meeting on 3/01/06 with an on-site training contract and schedule for his employees, as well as a schedule of on-going reports to the BOH on the progress of the training. Lucy Burton seconded the motion. All approved.
DISCUSSION
Department of Public Health Cancer Forum on DPH Cancer Study in Sandwich
Glen Harrington reported on the scheduling of a public forum to discuss the State Department of Public Health’s recently completed study of an unusual grouping and a high rate of childhood cancer cases in the Town of Sandwich. The forum is set for Tuesday, February 28th, 2006, beginning at 3 PM in the Sandwich Human Services Building, 270 Quaker Meeting House Road in East Sandwich. Glen stated that he had been invited by Representative Jeffrey Perry to sit on the panel but has not yet been contacted by the state Dept. of Health to do so. Because of the close proximity of Mashpee to Sandwich, there is a natural concern among Mashpee residents as to the results of the study by the State. The report from the State recommended that an in-depth investigation be conducted into each of the
families with cases of childhood cancer to determine whether there were any common exposures or activities that were common to these cases.
Glen Harrington stated that because he had not contributed any input into the preparation of the report by the State, he felt that it would not be appropriate for him to be on the panel. However, he and Glenn Santos both plan to attend the forum and will be asking lots of questions.
Glen Harrington noted that included in the cancer report from the state was a report of the overall incidence of cancer in Mashpee. However, age groups were not identified in the Mashpee report.
SEMASS Meeting – February 16, 2006
Glenn Santos reported that he attended a meeting of the Council of SEMASS Communities (COSC) which was held at the Radisson Plymouth Harbor Hotel at 10 AM, 2/16/06. Glenn noted that no one else from Mashpee came to the session. Relevant to Mashpee is the increase of $2.00 per ton as of July 1, 2007, and could go up to $2.50. Currently the fee is $37.50 per ton. There was a discussion of the new waste bans, which now include asphalt, brick and concrete. The next promotion of 100% reimbursement from SEMASS for disposal of mercury products will go to DEP for review. Renewable portfolio standards is out of the Energy Committee and is now in the Ways and Means Committee. The State does not recognize waste energy plants as renewable energy.
The next meeting of the Board of Health was scheduled for Thursday, March 2, 2006. As there was no further business, the meeting was adjourned at 8:30 PM.
Respectfully submitted,
Ina G. Schlobohm
Recording Secretary
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